Does Google abuse its dominant position in the search engine market?

Does Google abuse its dominant position in the search engine market?

Author: Mark Notkin

Publisher: GRIN Verlag

Published: 2014-04-09

Total Pages: 23

ISBN-13: 3656633592

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Seminar paper from the year 2014 in the subject Business economics - Miscellaneous, grade: 1,3, LMU Munich, language: English, abstract: Google gilt als fast Monopolist im Bereich der Suchmaschinen. Diese Seminararbeit betrachtet dabei, ob Google seine Macht ggf. ausnutzt im Wettbewerbsrecht. Dies wird besonders anhand des §102 TFEU analysiert. “Googeln” is a common verb you can look up in the German encyclopedia Duden nowadays (BI). Google is a very well known player, not only in the market for search engines, that made it possible throughout the last decade to increase its revenue to nearly 45 billion $ in 2012 (REV). While 14 years ago there were about 10.000 Google searches a day, nowadays this number is reached within one-hundredth of a second (STA). All the information gained is extremely valuable for advertisers that use Google AdWords to place consumer matched advertisement. This is also one of the reasons consumers can enjoy products such as internet searches without any charge and therefore might not notice if a player, such as Google, abuses its dominance since it can’t be done through excessive pricing. In the beginning of 2010 eJustice, Ciao and Foundem, three price comparison websites, claimed that Google has been downgrading their websites in the search results (Brian 2013). All three are so-called vertical search engines, which deal with specific content, such as flights/hotels “[...] rather than dealing with general search requests.” (Van Loon 2012, p. 16). As a result, the EU announced the opening of an antitrust investigation against the search engine pioneer in November 2010. Here the EU will examine whether Google might violate the European competition law (§102, TFEU, 2007); the abuse of a dominant position. Just one month ago, Joaquín Almunia, the EUs competition commissioner rejected Google’s second offer to settle the investigation (FT). If the accusations prove to be correct the firm might face fines up to 5 billion $ (Brian 2013). It is going to be especially interesting to find out the importance of Google’s first of a kind advantage, as it was the first search engine to introduce the so-called ‘Page Rank’ algorithm, which increased the search results accurateness. Nonetheless, according to §102 TFEU, there are two conditions that a have to be analyzed before: The relevant market and the existence of a dominant position. Therefore I am going to present the economic theory and methods which are relevant and then apply these to Google. After that I will examine whether Google is abusing its dominant position in order to draw an answer to the question.[...]


Does Google abuse its dominant position in the search engine market?

Does Google abuse its dominant position in the search engine market?

Author: Mark Notkin

Publisher: GRIN Verlag

Published: 2014-04-09

Total Pages: 23

ISBN-13: 3656633592

DOWNLOAD EBOOK

Seminar paper from the year 2014 in the subject Business economics - Miscellaneous, grade: 1,3, LMU Munich, language: English, abstract: Google gilt als fast Monopolist im Bereich der Suchmaschinen. Diese Seminararbeit betrachtet dabei, ob Google seine Macht ggf. ausnutzt im Wettbewerbsrecht. Dies wird besonders anhand des §102 TFEU analysiert. “Googeln” is a common verb you can look up in the German encyclopedia Duden nowadays (BI). Google is a very well known player, not only in the market for search engines, that made it possible throughout the last decade to increase its revenue to nearly 45 billion $ in 2012 (REV). While 14 years ago there were about 10.000 Google searches a day, nowadays this number is reached within one-hundredth of a second (STA). All the information gained is extremely valuable for advertisers that use Google AdWords to place consumer matched advertisement. This is also one of the reasons consumers can enjoy products such as internet searches without any charge and therefore might not notice if a player, such as Google, abuses its dominance since it can’t be done through excessive pricing. In the beginning of 2010 eJustice, Ciao and Foundem, three price comparison websites, claimed that Google has been downgrading their websites in the search results (Brian 2013). All three are so-called vertical search engines, which deal with specific content, such as flights/hotels “[...] rather than dealing with general search requests.” (Van Loon 2012, p. 16). As a result, the EU announced the opening of an antitrust investigation against the search engine pioneer in November 2010. Here the EU will examine whether Google might violate the European competition law (§102, TFEU, 2007); the abuse of a dominant position. Just one month ago, Joaquín Almunia, the EUs competition commissioner rejected Google’s second offer to settle the investigation (FT). If the accusations prove to be correct the firm might face fines up to 5 billion $ (Brian 2013). It is going to be especially interesting to find out the importance of Google’s first of a kind advantage, as it was the first search engine to introduce the so-called ‘Page Rank’ algorithm, which increased the search results accurateness. Nonetheless, according to §102 TFEU, there are two conditions that a have to be analyzed before: The relevant market and the existence of a dominant position. Therefore I am going to present the economic theory and methods which are relevant and then apply these to Google. After that I will examine whether Google is abusing its dominant position in order to draw an answer to the question.[...]


The Theory of Abuse in Google Search

The Theory of Abuse in Google Search

Author: Pinar Akman

Publisher:

Published: 2018

Total Pages: 0

ISBN-13:

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In its investigation into Google's search practices, Google Search, the Commission alleges that Google abuses its dominant position on the web search market by giving systematic favourable treatment to its “comparison shopping product” (namely, “Google Shopping”) in its general search results pages. This Article analyses whether the conduct in question in Google Search can be an abuse under Article 102TFEU (prohibiting the abuse of a dominant position in the EU) and, if so, under what conditions. This Article proceeds by first providing a positive assessment of the application of Article 102TFEU and the relevant case law to the issues involved in Google Search on the assumption that the Commission may seek to place the facts under an existing category of abuse. Three categories of abuse are analysed to this end: refusal to deal (including the essential facilities doctrine), discrimination, and tying. The article then proceeds to a normative assessment of the circumstances under which Article 102TFEU should be applied in Google Search under a principled conceptualisation of “abuse,” one which requires exploitation, exclusion, and a lack of an increase in efficiency. The Article finds that the facts in Google Search do not meet the requirements of the existing law to be found abusive unless the established frameworks for the types of abuse examined are unjustifiably disrupted. It also finds that under the principled conceptualisation of abuse adopted in this Article, the facts in Google Search do not represent the type of conduct that should be found abusive either.


Google and the Law

Google and the Law

Author: Aurelio Lopez-Tarruella

Publisher: Springer Science & Business Media

Published: 2012-02-23

Total Pages: 404

ISBN-13: 9067048453

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Google’s has proved to be one of the most successful business models in today’s knowledge economy. Its services and applications have become part of our day-to-day life. However, Google has repeatedly been accused of acting outside the law in the development of services such as Adwords, Googlebooks or YouTube. One of the main purposes of this book is to assess whether those accusations are well-founded. But more important than that, this book provides a deeper reflection: are current legal systems adapted to business models such as that of Google or are they conceived for an industrial economy? Do the various lawsuits involving Google show an evolution of the existing legal framework that might favour the flourishing of other knowledge-economy businesses? Or do they simply reflect that Google has gone too far? What lessons can other knowledge-based businesses learn from all the disputes in which Google has been or is involved? This book is valuable reading for legal practitioners and academics in the field of information technologies and intellectual property law, economists interested in knowledge-economy business models and sociologists interested in internet and social networks. Dr. Aurelio Lopez-Tarruella is Senior Lecturer in Private International Law at the University of Alicante, Spain.


Google and Search Engine Market Power

Google and Search Engine Market Power

Author: Mark R. Patterson

Publisher:

Published: 2012

Total Pages: 0

ISBN-13:

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A significant and growing body of commentary considers whether possible manipulation of search results by Google could give rise to antitrust liability. Surprisingly, though, little serious attention has been paid to whether Google has market power. Those who favor antitrust scrutiny of Google generally cite its large market share, from which they infer or assume its dominance. Those who are skeptical of competition law's role in regulating search, on the other hand, usually cite Google's 'competition is only a click away' mantra to suggest that Google's market position is precarious. In fact, the issue of Google's power is more complicated and interesting than either of these approaches suggests. The commentary on Google has not focused on information as a product and generally has not considered the ways in which it differs from other products. A key feature of information is described by Arrow's paradox regarding information: 'its value for the purchaser is not known until he knows the information, but then he has in effect acquired it without cost.' As a result, in many instances of search, a consumer will be seeking information only in circumstances in which she will be unable to evaluate the quality of the information she receives. As will be discussed in more detail below, this lack of transparency in quality can give an information provider market power, just as can an absence of transparency in price for other products.


Antitrust Analysis of Online Sales Platforms & Copyright Limitations and Exceptions

Antitrust Analysis of Online Sales Platforms & Copyright Limitations and Exceptions

Author: Bruce Kilpatrick

Publisher: Springer

Published: 2018-07-03

Total Pages: 605

ISBN-13: 3319714198

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This book gathers international and national reports from across the globe on key questions in the field of antitrust and intellectual property. The first part discusses the application of competition law to online sales platforms, which is increasingly a focus for anti-trust authorities around the world. A detailed international report explores which are the major challenges for competition law generated by the growth of online platforms. It provides an excellent comparative study of this complex and challenging subject. The second part of the book gathers contributions from various jurisdictions on the topic “To what extent do current exclusions and limitations to copyright strike a fair balance between the rights of owners and fair use by private individuals and others ?" This section presents an international report, which offers an unparalleled comparative analysis of this topic, bringing together common themes and contrasting the various national provisions dealing with exceptions to copyright, amongst other things. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.


Big Data and the Abuse of Dominance by Multi-Sided Platforms

Big Data and the Abuse of Dominance by Multi-Sided Platforms

Author: Noby Thomas Cyriac

Publisher: Nomos Verlag

Published: 2022-07-25

Total Pages: 322

ISBN-13: 3748934718

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Der Autor untersucht interdisziplinär, inwieweit Art. 102 AEUV geeignet ist, den Wettbewerb vor dem missbräuchlichen Verhalten marktbeherrschender Plattformen zu schützen. Nach einer ersten Erörterung der Grundlagen der digitalen Wirtschaft, insbesondere Big Data und mehrseitige Plattformen, werden die relevanten Konzepte, die von EU-Kommission und EU-Gerichten in ihrer Entscheidungspraxis zur Auslegung von Art. 102 AEUV entwickelt wurden, näher beleuchtet, um ihre Eignung für das Missbrauchsverbot mit Blick auf Plattformbetreiber vor dem Hintergrund der Besonderheiten mehrseitiger Märkte zu bewerten. Auch das Vorhandensein und die Abgrenzung eines Datenmarktes werden diskutiert.


Big Data and Competition Law

Big Data and Competition Law

Author: Alptekin Koksal

Publisher: Taylor & Francis

Published: 2023-11-13

Total Pages: 157

ISBN-13: 1000995844

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Recent studies on competition law and digital markets reveal that accumulating personal information through data collection and acquisition methods benefits consumers considerably. Free of charge, fast and personalised services and products are offered to consumers online. Collected data is now an indispensable part of online businesses to the point that a new economy, a data-driven sector, has emerged. Many markets such as the social network, search engine, online advertising and e-commerce are regarded as data-driven markets in which the utilisation of Big Data is a requisite for the success of operations. However, the accumulation and use of data brings competition law concerns as they contribute to market power in the online world, resulting in a few technology giants gaining unprecedented market power due to the Big Data accumulation, indirect network effects and the creation of online ecosystems. As technology giants have billions of consumers worldwide, data-driven markets are truly global. In these data-driven markets, technology giants abuse their dominant positions, but existing competition law tools seem ineffective in addressing market power and assessing abusive behaviour related to Big Data. This book argues that a novel approach to the data-driven sector must be developed through the application of competition law rules to address this. It argues that current and potential conflicts can be mitigated by extending the competition law assessment beyond the current competition law tools to offer a modernised and unified approach to the Big Data–related competition issues. Promoting new legal tests for addressing the market power of technology giants and assessing abusive behaviour in data-driven markets, this book advocates for cooperation between competition and data protection authorities. It will be of interest to students, academics and practitioners with an interest in competition law and data protection.


Research Handbook on Abuse of Dominance and Monopolization

Research Handbook on Abuse of Dominance and Monopolization

Author: Pınar Akman

Publisher: Edward Elgar Publishing

Published: 2023-01-20

Total Pages: 483

ISBN-13: 183910872X

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This Research Handbook offers a comprehensive and state-of-the-art collection on the competition law (antitrust) prohibition of abuse of a dominant position and monopolization. It draws from the long and influential traditions of leading jurisdictions such as the European Union and the United States to analyse applicable rules and policy in these jurisdictions. It also takes a comparative approach to identify common threads and differences.


Antitrust Settlements

Antitrust Settlements

Author: Giovanna Massarotto

Publisher: Kluwer Law International B.V.

Published: 2019-10-17

Total Pages: 290

ISBN-13: 9403511117

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Competition enforcement authorities use settlements as a tool to ensure compliance with antitrust law. Companies can make commitments to remedy breaches, ensuring that they avoid litigation and potential fines and reputational damage. The author of this highly original and innovative book shows that, rather than fines or arguing principles of competition law in litigation, antitrust settlements (namely U.S. consent decrees and EU commitment decisions) hold the key to globally effective enforcement, particularly in the digital and blockchain era. Antitrust law does not necessarily need to be abolished, but rather should be fully exploited as an economic regulation led by antitrust settlements. In supporting her thesis, the author examines such elements of competition enforcement as the following: drawbacks of allowing the courts to regulate markets; whether antitrust settlements sacrifice antitrust deterrence; how settlements rapidly and surgically regulate markets; comparative analysis between U.S. consent decrees and EU commitment decisions; economic analysis on the adoption of antitrust settlements in both the U.S. and EU markets from 2013 to 2018; fundamental role of antitrust settlements in regulating the current digital markets; and comprehensive description on how to use antitrust settlements to regulate the data industry. With its thorough guidance on U.S. consent decrees and EU commitment decisions from their functioning to their characteristics and procedure—and its extensive treatment of the main antitrust remedies available and used in enforcing of antitrust law in both the U.S. and EU—the book provides both an economic and a legal analysis of the functioning and the scope of antitrust settlements. It assesses the influence of decisions on companies’ behavior and agencies’ practice, using economic analysis to show the procompetitive or anticompetitive effects of remedies, with special attention to digital markets. Because markets have become so dynamic and unpredictable that is difficult to preserve efficiency, the author says, there is a little room for law—economic regulation is a better fit. This book is a springboard to further investigate how a simple antitrust enforcement tool, having turned competition law into an economic regulation policy, can drive our economy, leading both the antitrust and regulatory interventions in tackling today’s market challenges.